Health Care Update - December 2014

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In This Issue:

- FDA Releases Menu Labeling Rule

- Implementation of the Affordable Care Act

- Other Federal Regulatory Initiatives

- Upcoming Congressional Hearings

- Excerpt from FDA Releases Menu Labeling Rule:

Before the Thanksgiving holiday, the Food and Drug Administration (FDA) released its final rule to implement nutrition labeling provisions of the ACA. The rule, which covers restaurants and “similar retail food establishments that are part of a chain with 20 or more locations,” mandates that these establishments provide calorie and nutritional information for food on display and for self-service food. Unlike the proposed rule, the final version also covers alcohol vendors and movie theaters, provides additional flexibility on pizza labeling, and narrows what prepared foods are covered—such as sliced deli meat at grocery stores. Covered entities will have one year to comply with these regulations.

The scope of the final rule has been met with resistance from the food retail industry. In particular, the broadened definition of venues where labeling is required has been criticized by grocery store groups and food retailers who are concerned that the rule does not recognize the nuances between the grocery industry and restaurants. Addressing these concerns, Jessica Leighton, FDA’s Office of Foods and Veterinary Medicine’s senior nutrition science and policy advisor, clarified that it is not the agency’s intent to capture all foods offered at grocery stores.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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